Legal Opinion

In re Hill

Appellate Division of the Supreme Court of the State of New York

Decided August 21, 2013Published

1Opinion of the Court

In a probate proceeding in which Marcia Fitzsimmons, as preliminary executor of the decedent’s estate, petitioned pursuant to SCPA 2103 for the turnover of certain property on behalf of the decedent’s estate, Mortgage Electronic Registration Systems, Inc., as nominee for Bank Of America, N.A., and Bank of America, N.A., appeal from so much of an order of the Surrogate’s Court, Queens County (Kelly, S.), dated July 23, 2012, as determined that they are in privity with Brenda Watson and, therefore, are collaterally estopped from seeking to establish the validity of the subject deed in this…

2Cases cited4 opinions

  1. Pennsylvania General Insurance v. Austin Powder Co.New York Court of Appeals · 1986
  2. Marden v. . DorthyNew York Court of Appeals · 1899
  3. Shroid Construction, Inc. v. DattomaAppellate Division of the Supreme Court of the State of New York · 1998
  4. In re HillAppellate Division of the Supreme Court of the State of New York · 2012

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